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All Journal Jurnal Pendidikan dan Pengajaran Sociological Jurisprudence Journal Jurnal Notariil KERTHA WICAKSANA Jurnal Hukum Prasada Progressive Law Review Jurnal Scientia JOURNAL SCIENTIFIC OF MANDALIKA (JSM) Batulis Civil Law Review Jurnal Konstruksi Hukum Jurnal Interpretasi Hukum Jurnal Preferensi Hukum (JPH) Postgraduated Community Service Journal Law Doctoral Community Service Journal Yuris: Journal of Court and Justice Protection: Journal Of Land And Environmental Law Tuturan: Jurnal Ilmu Komunikasi, Sosial dan Humaniora Deposisi: Jurnal Publikasi Ilmu Hukum Journal of Political And Legal Sovereignty International Journal of Law and Society Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Analogi Hukum

I Made Arjaya

Fakultas Hukum, Universitas Warmadewa, Denpasar, Indonesia

Author-ID : 3409955

Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

Published : 49 Documents Claim Missing Document

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Articles

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Authority and Procedures for Determination of the Foundation Managers Arjaya, I Made; Martina, Ni Wayan Umi; Ranawijaya, Ida Bagus Erwin
Sociological Jurisprudence Journal Vol 1, No 2 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.1.2.728.67-73

The purpose of this study is to find out who is authorized and how the procedure of determination the foundation managers. The method used in this research is the method of normative legal research with statute approach, conceptual approach and case approach. Research location in Denpasar Bali. Sources of legal material are legislation, and cases faced by the DJ foundation. How to collect legal materials is to use the card system. The result of the research is the authority to determination the foundation managers by the foundation trustees and the procedures of determination the foundation managers begins with the supervision conducted by the supervisor of the foundation, followed by the temporary dismissal, then proceed with clarification meeting from the managers of foundation, which can lead to the determination of the foundation managers.

PENYELESAIAN SENGKETA UTANG PIUTANG MELALUI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) DI PENGADILAN NIAGA (Studi Kasus PKPU PT.Rendamas Realty dan Jane Christina Tjandra, Putusan No.4/Pdt-Sus/PKPU/2017/PN.Niaga Sby) Arjaya, I Made; Dewi, A.A Sagung Laksmi
KERTHA WICAKSANA Vol 12, No 1 (2018)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/kw.12.1.418.46-55

Abstrak Tujuan dari penelitian ini adalah untuk mengetahui Kewenangan Pengurus/Kuratordan Prosedur Penundaan Kewajiban Pembayaran Utang (PKPU)/ Kepailitan PT. Rendamas Realty dan Jane Christina Tjandra di Pengadilan Niaga pada Pengadilan Negeri Surabaya. Jenis penelitian yang dipergunakan adalah penelitian hukum normatif dengan menggunakan pendekatan perundang-undangan dan pendekatan kasus. Hasil yang diperoleh adalah Kewenangan Pengurus dalamPenundaan Kewajiban Pembayaran Utang (PKPU) PT. Rendamas Realty dan Jane Christina Tjandra di Pengadilan Niaga pada Pengadilan Negeri Surabaya adalah mengumumkan Putusan, menyelenggarakan Rapat-rapat,menerima dan menyiapkan Daftar Tagihan Kreditor,menyiapkan Rencana Perdamaian,menyiapkan Daftar Voting dan membuat Laporan.Prosedur Penundaan Kewajiban Pembayaran Utang diawali dengan adanya Permohonan yang diajukan oleh Debitor atau oleh Kreditor. Permohonan tersebut harus dikabulkan oleh Pengadilan dengan menerbitkan Putusan yang berisi Penundaan Kewajiban Pembayaran Utang Sementara (PKPUS) paling lama 45 hari dan dapat diperpanjang dengan menerbitkan Putusan Penundaan Kewajiban Pembayaran Utang Tetap (PKPUT) paling lama 270 hari. Putusan PKPU harus menunjuk Hakim Pengawas dari hakim pengadilan serta mengangkat 1 (satu) atau lebih Pengurus yang bersama dengan Debitor mengurus harta Debitor. Kata kunci: Kepailitan, Kurator, Debitor, Kreditor Abstract The purpose of the research is to know the authority of administrator and the prosedures of rescheduling debt payment/ bankruptcyPT. Rendamas Realty dan Jane Christina Tjandra at Surabaya Comercial Court. The type of research is normative law research with statute approach and case approach. The result is The Administrator/Receiver have authority to announced court statement, organizing meetings, receive registration, prepare the creditor bill list, preparing settelmen plan, prepare a voting list and make a report. The procedures of rescheduling debt payment begins with an application filed by a debtor or creditor. The application must be granted by the court by issuing a statement for 45 days and can be extended up to 270 days. Keywords: Bankrupcy, Receiver, Debtor, Creditor

The Role of the Curator as a Mediator in the Settlement of a Bankruptcy Case Arjaya, I Made; Umi Martina, Ni Wayan
Sociological Jurisprudence Journal Vol 2, No 1 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.1.997.58-61

The purpose of this study is to look for the efforts that can be made by debtors to have their cases of bankruptcy resolved peacefully and to examine the procedures to be undertaken by Curator to achieve peace in the efforts of settling the case of so bankruptcy. This type of research is normative legal research done with a statute approach, conceptual approach, and case approach to legislation. The legal materials were collected by applying the method of library research. The results of data analysis show that in order to achieve peace in the settlement of the cases of bankruptcy, a a debtor needs to immediately make a rational peace plan that is acceptable to the creditors. In achieving this, the curator takes a key role to convice the debtors to make a good decision in preparing a plan of peace. The implication is the prepapred peace plan should be made sure capable of assuring the creditors to take. Thus, it is the curator’s responsibility to also convince the creditor to accept the plan of peace made by the bankrupt creditors. Keywords: Bankruptcy; Curator

Perlindungan Hukum terhadap Advokat dan Klien dalam Penyelesaian Perkara Perdata I Putu Esha Wiryana Putra; I Made Arjaya; NI Made Puspasutari Ujianti
Jurnal Konstruksi Hukum Vol. 2 No. 3 (2021): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

The relationship between lawyers and clients that arises as a result of the legal relationship that is established often leads to legal disputes. The dispute can result in losses for both parties, while this legal arrangement regarding the issue has not fully accommodated the needs of advocates and clients. The purpose of this study is to analyze the rights and obligations of advocates and clients and dispute resolution that can be taken by advocates and clients. This type of research is a normative legal research, using a statutory approach. The results of this study indicate that the regulation regarding the rights and obligations of advocates is regulated in Law Number 18 of 2003 concerning Advocates and the code of ethics for advocates. Meanwhile, the rights and obligations of clients, as a broader understanding of consumers, are regulated in the Law on Advocates and the Civil Code. If there is a dispute due to a legal relationship that arises between an advocate and a client, the legal settlement can be through the Advocate Code of Ethics Body, the General Court of Justice and Arbitration, Mediation and other alternative dispute resolutions.

Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi Sandi Herintus Kabba; I Made Arjaya; Made Minggu Widyantara
Jurnal Konstruksi Hukum Vol. 3 No. 1 (2022): Jurnal Konstruksi Hukum
Publisher : Warmadewa Press

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. This study aims to analyze how the process of carrying out recovery and refund of state losses by prosecutors in corruption crimes and discusses efforts to recover and recover state losses due to corruption. The method used is normative legal research. This research approach is a conceptual and literature approach, with the primary legal sources coming from legislation and decisions, while the secondary legal sources come from legal journals and law books. Data collection is done by collecting data and summarizing. The result of the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the corruption eradication law and other regulations. Efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK Prosecutor must be regulated firmly and clearly. Researchers suggest that the government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption.

Penegakan Hukum terhadap Guest House dan Villa tanpa Izin di Kabupaten Badung Cinta Saraswati; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Tourism is a source of local revenue and its investment is a potentially vital production factor in the service production business in this field. To support tourism accommodation in the tourist area of Badung Regency, guest houses (boarding houses/rented houses) and villas are needed as support. Especially in Badung Regency, in the Canggu area, many houses are used as guest houses for guests who want to stay in Bali. This study aims to determine the supervision of Guest Houses and Villas in Badung Regency, and to determine the application of sanctions against guest houses and villas that violate permits in Badung Regency. The method in this research is a type of normative legal research which is carried out with the method of recording and reviewing based on legal materials. In this study, studying and gathering information through legal science books without deviating from positive law in order to form a conclusion. The research results show that the supervision of Guest Houses and Villas in Badung Regency is given the authority by the Regional Regulation through the Civil Service Police Unit which is assigned to monitor every building that does not have a permit in the Badung Regency area, especially in the Canggu area. Then, sanctions against violators are in the form of warnings 3 times, if they do not disobey the villa owner, they will be subject to forced demolition by officers.

Perjanjian Jual Beli Tanah Hak Milik Debitur Pailit yang Dijaminkan di Bank Leomardo Ebedkena Tabuni; I Made Arjaya; Desak Gde Dwi Arini
Jurnal Interpretasi Hukum Vol. 1 No. 2 (2020): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

In connection with the sale and purchase agreement for the land owned by a bankrupt debtor who is guaranteed at the bank, of course, there will be a consequence of a legal action. The result of the legal action in question is regarding the transfer of land title if the debtor breaks his promise or does not carry out his obligations. Creditors holding Guarantee Rights Guarantee (separatist creditors) may execute the guarantee, as if there was no bankruptcy. However, in exercising his executive rights, there is a time limit for separatist creditors in accordance with Article 56 of the Bankruptcy Law. After passing this period of time, the curator then carries out the management and settlement under the supervision of the supervisory judge. The purpose of this research is to study and find out about the legal arrangement and procedures for the settlement of sale and purchase of land owned by a bankrupt debtor which are guaranteed at the bank. This study uses a normative legal research method, with a statutory approach and a conceptual approach. The results of this study are: firstly, the credit agreement creates a debt and credit relationship, in which the debtor is obliged to pay back the loan given by the creditor (bank); secondly, in accordance with the requirements for a debtor who has two or more creditors and there is a debt and one debt is due and can be collected. After fulfilling these requirements, those who have been registered through the clerk of the court, further examination by the Chief Justice will be carried out to obtain a permanent bankruptcy decision for Ninety days, and ultimately, a summon of the parties to a verification meeting is carried out.

Peranan Alat Bukti Elektronik dalam Tindak Pidana Pencemaran Nama Baik I Putu Angga Permana; I Made Arjaya; Ni Made Sukaryati Karma
Jurnal Interpretasi Hukum Vol. 2 No. 2 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

This study is included in the category of empirical legal research carried out to fulfill the following objectives, 1) Assessing the rules related to criminal act of defamation in the Information and Electronic Transactions Law, 2) Examining the process of legal proof in criminal act of defamation under the Law of Information and Electronic Transactions. From the results of data analysis, it can be concluded that along with the increasing number of criminal cases through online media, the enforcement of electronic documents as legal evidence becomes very important due to the absence of physical evidence. The rules regarding the criminal act of defamation are included in the "Law. No.11 / 2008 article 5 paragraph (1) and (2) on Information and Electronic Transactions "where the presence of this new law is an enlightenment related to online criminal cases (cybercrime). Then, it was also found that only if the use of trial evidence was in accordance with the existing regulations in Indonesia, then proof of a criminal act, especially defamation, could be said to be legitimate. Substantially, defamation is classified as a criminal offense, so it is necessary to have a way of proof if the case occurred is not physically but through online media (Cybercrime).

Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi Sandi Herintus Kabba; I Made Arjaya; I Made Minggu Widyantara
Jurnal Interpretasi Hukum Vol. 2 No. 3 (2021): Jurnal Interpretasi Hukum
Publisher : Warmadewa Press

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.

Sanksi Pidana bagi Pelaku Penyebaran Berita Hoaks serta Ujaran Kebencian dengan Memakai Akun Anonym I wayan Denny Syaputra; I Made Arjaya; Diah Gayatri Sudibya
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Crime in cyberspace is a crime with computer technology, especially the internet. One example is the spread of hoaxes and expressions of hatred. This research was conducted to determine the arrangements for spreading hate speech based on positive law, the legal consequences arising when someone is proven to spread hate speech and spread hoaxes, and efforts and steps taken to prevent the spread of hoax news and hate speech so as not to spread in the community. This research is a type of normative legal research with a statutory approach and conceptual approach. Arrangements for the dissemination of hoax news and expressions of hatred based on positive law have been explicitly regulated in the Criminal Code, which is found in Article 154 of the Criminal Code, Article 154a, Article 156, Article 156a, and Article 157 paragraph (1) and paragraph (2). Besides being regulated in the Criminal Code utterances of hate are regulated outside of the Criminal Code, including in Law No.40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination, which is contained in Article 16, and is also regulated in Law No. 19 of 2016 concerning Renewal of Law No. 11 of 2008 concerning ITE has also regulated the distribution of hate speech through cyberspace, which is contained in article 27, article 28 paragraph (1) and paragraph (2), article 40 paragraph (2) and article 45 paragraph (2) due to the law incurred if someone is proven to have committed a crime of spreading hoax hoaxes and expressions of hatred can be jailed for 2 years, 3 years and even up to 10 years

Co-Authors A.A Sagung Laksmi Dewi A.A. Putu Yudha Maha Putra Anak Agung Istri Agung Anandia, I Gusti Agung Ayu Sita Arini , Desak Gede Dwi Arini, Desak Gde Dwi Arini, Desak Gede Dwi Cinta Saraswati Desak Gde Dwi Arini Desak Gede Dwi Arini Dewi, A.A Sagung Laksmi Diah Gayatri Sudibya Faikotul Masruchah Frederika Ni Made Dwita Noviyanti Gede Amatya Ananta Gusti Ayu Ade Diah Gamatri I Gede Ardian Paramandika I Ketut Kasta Arya Wijaya I Ketut Widia I Made Minggu Widyantara I Made Pria Dharsana, I Made Pria I Made Suwitra I Nengah Laba I Nyoman Gede Sugiartha I Nyoman Gilang Wayska Prastika I Putu Angga Permana I Putu Esha Wiryana Putra I Putu Gede Seputra I wayan Denny Syaputra I Wayan Rideng I Wayan Wesna Astara I Wayan Wesna Astara Ida Ayu Gita Dehardha Ida Bagus Erwin Ranawijaya Ida Bagus Gumilang Galih Sakti Indah Permatasari Johannes Ibrahim Kosasih Joniada, I Made Wisnu Juliantini, Ni Nyoman Kadek Widhiantari Ningsih Karma, Ni Made Sukaryati Leomardo Ebedkena Tabuni Lia Siti Sawaliah Lia Siti Sawaliah Luh Made Mahendrawati Made Dwi Surya Suasa Mahawira, Made Dananjaya Manuaba, Ida Bagus Triwikrama Sena Ni Komang Arini Styawati Ni Komang Dewi Novita Indriyani Weda Ni Komang Mahyuni Gita Paramita Ni Luh Made Mahendrawati Ni Luh Putu Sri Laksemi Dharmapadmi Ni Made Puspasutari Ujianti Ni Made Yuyeni Gita Sari Ni Putu Diah Kurniawandari Ni Wayan Umi Martina Ni Wayan Umi Martina NI WAYAN UMI MARTINA, NI WAYAN UMI Nyoman Putra Suhambara P. B. Pramana Pramana, I Gede Aris Eka Pramana, I Putu Bayu Putra, I Ketut Wira Cipta Putu Suryani . Ramadika, I Ketut Gede Adi Sahadewa, Anak Agung Gede Ananta Wijaya Sandi Herintus Kabba Santosa, I Putu Bagus Eko Hadhi SETIAWAN, Armand Setyawan, I Putu Hendra Styawati, Ni Komang Arini Sudibya, Diah Gayatri Umi Martina, Ni Wayan Widiati, Ida Ayu Putu Wisnumurti, Anak Agung Gede Oka

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